HomeMy WebLinkAboutRES NO 193-95RESOLUTION NO. 1 9 3 ' 9 5
RESOLUTION ON THE APPEAL OF GEORGE R. DICKEY
OF ALTA HUGHES ENGINEERING SURVEYING
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND DISAPPROVING THE EXTENSION
OF TIME FOR TENTATIVE TRACT 5301 LOCATED
NORTH OF PALADINO DRIVE, WEST OF MORNING
DRIVE.
WHEREAS, Tentative Tract Map 5301 is generally located north of
Paladino Drive, west of Morning Drive, as shown in the attached Exhibit "A"; and
WHEREAS, the Planning Commission, acting as the advisory agency,
conducted a public hearing for an extension of time for Tentative Tract Map 5301
beginning on October 19, 1995, and at the request of the applicant, continued to
November 13, 1995, and November 16, 1995; and
WHEREAS, at said Planning Commission hearing it was determined that
Tentative Tract Map 5301 was located in the Kern Bluff oilfield; and
WHEREAS, the Planning Commission expressed concerns over the land
use compatibility between residential uses and oilfield operations; and
WHEREAS, pursuant to Bakersfield Municipal Code Section 15.66.040 oil
operations in an oilfield can be developed without a public hearing, even within a
residential subdivision; and
WHEREAS, the location of Morning Drive, a specific plan line for a
major arterial street is no longer located as depicted on the tentative tract; and
WHEREAS, on November 16, 1995, through Resolution No. 76-95, the
Planning Commission disapproved the request for extension of time; and
WHEREAS, within the time permitted by law, George R. Dickey of Alta
Hughes Engineering Surveying filed an appeal in writing with the City Council to the
decision of the Planning Commission; and
WHEREAS, a noticed public hearing was set before the Council on
December 13, 1995; and
WHEREAS, testimony was given at said hearing; and
WHEREAS, the proposed extension of time is categorically exempt from
the California Environmental Quality Act (CEQA) in accordance with Section IV B.3.h.;
and
WHEREAS, the Council duly considered all testimony and evidence on the
record.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The above-stated recitals, incorporated herein are true and correct.
2. Findings attached hereto as Exhibit "B" are hereby adopted.
3. The decision of the Planning Commission to deny the extension of
time for Tentative Tract 5301 is hereby upheld.
......... O00 ........
2
1 HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
DEC ~. $ ~ , by the following vote:
AYES cOUNCILMEMBER DeMONO, CARS(~, SMITH, M~DERMOTT,~, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER-~--
~,BS3'AI": cOUNCILMEMBER '"~ ('~,~. '
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
C1TY ATTORNEY
BY:
CARL HERNANDEZ
Deputy City Attorney
JM:pjl
Novcmbcr 27, 1995
res~rgna.cc
,1
EXHIBIT a
, II
U N SUBD
VIDED
EXHIBIT A
TENTATIVE TRACT
U SUBDIVIDED
No. 530!
EXHIBIT "B"
FINDINGS FOR DENIAL OF EXTENSION OF TIME
TENTATIVE TRACT 5301
All required notices have been given.
The site is physically unsuitable for the type of development proposed.
The site is physically unsuitable for the proposed density of development
proposed.
Tentative Tract 5301 consisting of 302 single family lots is located within the Kern
Bluff Oilfield in which Bakersfield Municipal Code Chapter 15.66 exempts oilfield
related operations from a conditional use permit and public hearing, and could
result in impacts from oil related activities on residential development.
A single family residential subdivision of the density and intensity proposed
should not be permitted within an oilfield in order to protect the public health,
safety and welfare.
The subdivision is not consistent with the Circulation Element of the general plan
and specific plan line for Morning Drive.
p:5301.eb